Terms & Conditions

_Desktop Metal™

[LEGAL]

WEBSITE TERMS OF USE AGREEMENT

April 19, 2017

Welcome to the Desktop Metal, Inc. ("Desktop Metal") website (the "Website"). By accessing or using the website, you indicate that you have read and understand this Terms of Use Agreement (the "Agreement") and agree to be bound by it. You must accept the terms of the Agreement in order to use the Website. If you do not understand or have questions about the Agreement, immediately stop all use of the website and contact [email protected] This Agreement may periodically change without notice, so you should check the Agreement before every attempt to use the website. When the Agreement is changed, the date of the latest revision will appear at the top of this page.

A. User Conduct

You agree that you will not use the website for any illegal purpose. In addition, you agree that:

You will not harvest, collect or otherwise use contact information made available on the website for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk email (collectively, spam) and that you will not use any Desktop Metal communications facility to deliver or attempt to deliver spam

You will not attempt to gain unauthorized access to the website or the servers and network associated with the website

You will not circumvent or attempt to circumvent any security or access control technology implemented on the website, or the servers and network associated with the website

You will not use the website in any manner designed to degrade the performance or functioning of the website, including, without limitation, launching Denial-of-Service (DoS) attacks against the website.

B. Copyright

Desktop Metal claims a copyright in its works presented at this website. Desktop Metal authorizes you to view, copy, download and print Desktop Metal documents on this website, subject to the following conditions:

The documents may be used solely for personal, noncommercial and informational purposes

Reproduction, copying or redistribution of materials on the Desktop Metal website for commercial purposes is prohibited without the express written permission of Desktop Metal. To obtain permission to copy portions of this site, please send an email to [email protected] and provide the following information in the body of the email:

The Desktop Metal content you wish to use

Where and how it will be used (for example, a book cover, magazine article, a brochure)

Where and how copies will be distributed and to what audience

How many copies will be produced and distributed

When you intend to publish

What other non-Desktop Metal materials will be associated with Desktop Metal content

Your name, title, company, address, email address and phone number.

We will evaluate your request and advise you as soon as possible. Desktop Metal reserves the right to refuse permission to copy, distribute, broadcast or publish any of its copyrighted material, including text and images on our website.

D. User Postings

You acknowledge and agree that Desktop Metal shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Website in postings, survey responses, and otherwise, and you hereby waive any claims against Desktop Metal for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Desktop Metal’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Website any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Desktop Metal does not and cannot review all information posted to the Website by users and is not responsible for such information. However, Desktop Metal reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

E. Notices of Infringement

Desktop Metal prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Website, please write to Desktop Metal at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Website that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Desktop Metal will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Desktop Metal’s contact for submission of notices under this Section E is: Desktop Metal, Inc., 63 3rd Avenue, Burlington MA 01803.

F. No Warranties and Limitation of Liability

Information provided on the website is provided "as is" without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose or noninfringement. Desktop Metal periodically adds changes, improves or updates the information and documents on the website without notice. Desktop Metal assumes no liability or responsibility for any errors or omissions in the content of the Website. Your use of the Website is at your own risk. Under no circumstances and under no legal theory shall Desktop Metal, its suppliers or any other party involved in creating, producing or delivering the website's contents be liable to you or any other person for any indirect, special, incidental or consequential damages of any character arising from your access to, or use of, the Website.

G. Links to Third Party Sites

If you use any links on the Website to websites not maintained by Desktop Metal, you will leave the Desktop Metal Website. The linked sites are not under the control of Desktop Metal Desktop Metal is not responsible for the contents of any linked site or any link contained on a linked site. Desktop Metal provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by Desktop Metal of the site.

H. Permitted Use of Desktop Metal Trademarks and Service Marks

Desktop Metal trademarks and service marks identify Desktop Metal products and services and let the public know the source of those products and services. You may make fair use of our trademarks and service marks in advertising and promotional materials, and in referencing our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require our written permission. If you are in doubt as to whether you need our permission for a specific type of use, please ask us.

You may not use Desktop Metal logos or "design" service marks (as opposed to our service marks consisting solely of words) under any circumstances without our prior written authorization.

In addition, you may not use Desktop Metal trademarks or service marks, whether design or word marks, in the following ways:

In a non-Desktop Metal service name or publication title

In, as, or as part of, your own service or trademarks

To identify products or services that are not Desktop Metal’s

In a manner likely to cause confusion

In a manner that implies inaccurately that we sponsor or endorse, or are otherwise connected with, your own activities, products and services

As hidden or embedded text in web pages in an effort to cause a search of Desktop Metal marks to result in a hit on a page not maintained by Desktop Metal in a manner disparaging of Desktop Metal

I. Jurisdiction; Choice of Law

This Agreement and your use of the website shall be governed by the laws of Massachusetts, without regard to its conflict of laws provisions.

J. Severability

If any provision of this Agreement is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force.